Personal injury claims and the use of no-win, no-fee agreements
By Richard Probert
With the emergence of the lawsuit culture, it may seem natural to want to bring legal action when you have suffered bodily injuries due to another’s negligence. With all the television adverts promoting quick-fix personal injury solicitors, who promise you compensation and no-win, no-fee funding options as opposed to paying hourly, it can certainly sound appealing to make a claim.
But what constitutes a claim for personal injury and why is no-win, no-fee offered in these cases? Understanding these fundamentals can help you make an informed decision about pursuing your claim.
A personal injury claim will be possible when are you able to prove that a person or organisation was to blame for your accident, and that the accident occurred in circumstances that were negligent and/or in breach of the statutory duty owed to you. In other words, your injury was a direct result of negligence from the other side.
When deciding to pursue a claim it is also good to bear in mind that under normal circumstances, you can only bring a claim within 3 years of the incident. However, there are certain exceptions, such as if you were a child when the accident occurred or if you have only recently become aware of a disease caused by your line of work.
Funding is one of the biggest factors in law and with personal injury it has become common to hear the catchphrase “no-win, no-fee”. This basically means that the case would be taken on by the personal injury solicitors and they would not charge you an hourly fee for their services. Rather, the solicitor agrees only to be paid if you are successful. They will also charge a success fee. In some cases where the solicitor states that 100% of your compensation is kept, an agreement will have been put into place to cover their fees, usually from the other side. Personal injury solicitors can also offer an insurance to protect you from any other costs which may result and you should enquire about this with them before you sign anything.
The amount of compensation awarded can vary greatly from case to case. In addition, the time spent on a claim is very much dependant on how complicated it is, the type of injury suffered, and whether or not it goes to court.
If you have suffered an injury and believe that more could have been done to ensure it did not happen, you may have a claim for personal injury compensation.
Contact law can put you in touch with a specialist personal injury solicitor with a proven track record of delivering results and getting the compensation you deserve. Call us free today on 08001 221 2299.
Richard Probert is one of Caven’s most experienced and knowledgeable telephone advisors.